IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1885 of 2010()
1. B.SRIDHAR, S/O.BALAKRISHNAN,
... Petitioner
Vs
1. P.S.UMESH, S/O.SHANMUGHAN,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.N.K.SUBRAMANIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :08/09/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No.1885 & 1886
OF 2010
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Dated this the 8th day of September,2010
ORDER
Petitioner is the fifth accused in
S.T.3685/2008 and S.T. 3686/2008 on the file of
Judicial First Class Magistrate’s Court-III,
Thrissur taken cognizance for the offence under
section 138 of Negotiable Instruments Act on
Annexure A complaint. The case of the
respective first respondent complainant before
the learned Magistrate was that petitioner
committed the offence as he was one of the
Directors of the first accused Company. The
dishonoured cheque involved in S.T.3685/2008
was issued on 23.6.2007. The dishonoured
cheque in S.T.3686/2008 was issued on
30.4.2007. These petitions are filed under
section 482 of the Code of Criminal Procedure
Crl.M.C.1885 & 1886 of 2010 2
to quash the proceedings against him contending
that petitioner was not the Director of the Company
when the cheques were issued.
2. Though notice was served on the first
respondent, in both the petitions they did not
appear.
3. Learned counsel appearing for the
petitioner was heard.
4.Annexure E order of this court in
Crl.M.C.2751/2008 and connected cases establishes
that petitioner resigned from the Company with
effect from 28.6.2006 and the matter was reported
to the Registrar of Companies also. It was also
found that petitioner was not responsible for the
Company subsequent to 28.6.2006. Hence on the
dates when the dishonoured cheque involved in these
cases were issued petitioner has nothing to do
with the first accused Company. Hence he cannot be
prosecuted for the offence. Therefore continuation
of the proceedings as against the petitioner is
only an abuse of process of the court.
Crl.M.C.1885 & 1886 of 2010 3
Petitions are allowed. S.T.3685/2008 &
S.T.3686/2008 on the file of Judicial First Class
Magistrate’s Court-III, Thrissur as against the
petitioner the fifth accused is quashed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006